CROWN LANDS RESUMPTION ORDINANCE, 1900

CROWN LANDS RESUMPTION ORDINANCE, 1900

No. 10 of 1900.

An Ordinance to facilitate the resumption of Crown lands
required for public purposes.

[14th November, 1900.]

1. This Ordinance may be cited as the Crown Lands
Resumption Ordinance, 1900.

-2. In this Ordinance,

(a) ' Board ' means any Board of Arbitrators appointed
from time to time under this Ordinance.;

(b) ' Land ' means Crown land of whatever description
(whether held under Crown lease or other title recognized by
the Crown), or'any part or section thereof, in Hong Kong and
the New Territories, and includes buildings. erected thereon

(c) ' Owner ' means the person registered or entitled to be
registered in the Land Office in respect of any land sought to be
resumed, or, if such person is absent from the Colony, or cannot
be found, or is bankrupt or dead, his agent or representative in
the Colony;

As imended by Law Rev. Ord., 1937.





(d) -' Resumption for a public purpose ' includes-

(i) resumption of insanitary property for the Purpose of
securing. the erection of improved dwellings or buildings thereon
or.the sanitary improvement of such property; and

(ii) resumption of any land upon which any building is
erected which, by reason of its proximity to or contact.with any
other buildiiigs, seriously interferes with ventilation or otherwise
makes or conduces to make such other buildings to be. in a
condition unfit for human habitation or dangerous or injurious
to health ; and

(iii) resumption for any purpose connected with the naval,
military or air forces of. the Crown, including the volunteer forces
in this Colony; and

(iv) resumption for any purpose of whatsoever description
whether ejusdem generis with any of the above purposes or
not, which the Governor in Council may decide to be. a public
purpose.

3. Whenever the Governor in Council decides that the
resumptibn of afly land is required for a public purpose, the
Governor mav arrange for the pur~hase thereof by negotiation
with the own~r or may order the resumption thereof under this
Ordinance.

4.-(1) Where resumption is ordered a notice th at the land
is required for a public purpose and will be resumed and calling
on the owner to nominate a member to serve on a Board to
determine the amount of compensation to be paid shall be
published in the Gazette in English and Chinese.

(2) A copy of such notice shall be served on the owner, if
he can be found, and a further notice shall be affixed upon a
conspicuous part of the land to be resumed or, where the land
is divided into lots,- sections or sub-sections, if practicable, upon
each lot, section or sub-section affected.

(3) The notice affixed to the land shall state the date' on
which it has been so affixed. It shall also state that the. land
will be resumed on the expiration of one month from such date.,
unless the.Governor shall have authorized the giving of a longer
period of notice, in which case the longer period shall be stated.

As amended by No. 27 of 19M 112.12.301.





(4) A notice published and served or affixed under this
section shall bedeemed to be notice to the owner of the land
and every person interested in the land or having'any right or
easement therein.

5. On the expiration of one month, or the longer period, as
aforesaid, the land shall. revert to the Crown and all the rights
of the owner, his assigns or representatives or of any other
person -in or. over the land or any part thereof shall absolutely
cease.

6.-(1 ) After the reversion to the, Crown as aforesaid a Board
ofAiree members shall be appointed to determine the amount of
compensation to be paid in respect of such resumption.

(2) The chairman of the Board shall be a magistrate or
justice of the peace nominated by the Governor (unless a request
in writing that the chairman shall be a judge be addressed by'
or on behalf of any party to the Registrar of the Supreme Court
and filed with him; in which case he shall be such judge as the
judges may mutually arrange) and the two other members shall
consist of. one member nominated by the Governor and the
other by the former owner of the land resumed or other person
claiming compensation, or if lie has failed before or within one
week after the date of expiration of - the notice of intended
resumption to . nominate in writing a member, then it shall be
lawful for the chairman to nominate some other person on behalf
of such owner or claimant.

(3). The members nominated by the Governor and such
owner or claimant or either of them may be, but the person
nominated'by the chairman on behalf. of such owner or claimant
shall not be, a member of the Colonial Civil Service.

(4) The constitution of the Board shall be notified in the
Gazette and within fourteen days from such notification it shall
commence its sittings at such time and place as the chairman
may by notification in the Gazette appoint.

(5) The Governor may appoint some person to act as clerk,
to the Board, and determine his remuneration.

(6) The remuneration of any member of a Board shall be
at a rate according to the amount of.work, the time occupied and
amended by Ng~ ;k7 of 1930 [12.12.301.





the magnitude of the interests involved and shall be determined
in each case by the chairman at the conclusion of the arbitration :
Provided that nothing herein shall authorize the payment of
remuneration to a public servant who is not permitted to receive
remuneration as,'a member of the Board.

7. In any case where notice of intended resumption has been
given it shall be lawful for the Governor and all other persons
authorized by him and without the consent of the owner or
occupier thereof to enter into and u'pon any land intended to be
,resumed for the purpose of surveying and taking levels of such
land and doing all necessary acts for setting out the line of
works; the compensation for any damage thereby occasioned to
the owner or occupier thereof shpll be decided by the Board.

8. No action or suit shall lie either against the Crown or
against any. other person for any loss or darna-e resulting to
any person from any resumption,of any land as aforesaid, but
any person claiming compensation, whether as owner or other-
wise, by reason of such resumption shall, before the commence-
ment of the sittings of the Board, transmit to the clerk of the
Board, if appointed, or, if no clerk is appointed, to the Colonial
Secretary for transmission to the Board, a written claim, stating
the nature of his right or interest in the land and the amount
which he seeks to recover.

9. Every claim shall be separately con sidered and adjudicated
upon, unless the parties otherwise agree.

10. Any Board when constituted shall have the following
powers and authorities--

(i). to.determine the compensation to be paid in respect of
such resumption or in respect of the extinction of any right,or
easement,caused by such resumption, regard being had not only
to. the value of the land taken and any buildings thereon but
also to any damage or injury resulting to the owner of the land
resumed by reason of the severance of such land froin other
land of such owner contiguous thereto, and also in respect of
damage to business due to removal, and to award compensation
in respect of such resumption or 1 extinction or damage to all-
persons to whom the Board may find compensation to be due;

AS amended by No. 27 of 1930 [12.12.30].





(2) to award costs (including remuneration to the members
of the Board and to the clerk to the Board determined under
section, 6) in its discretion, either for or against the Crown or
for or against any parties claiming compensation, or any persons
whom the Board may find entitled to compensation, such costs,
if desired b the Crown or any party, to be taxed by the Registrar
y
of the Supreme Court

(3) all such powers as are. vested in the Supreme Court or
in a judge on the occasion of any action or suit in respect of the
following. matters:-

.(a) enforcing,the attendance of.witnesses and examining them
upon oath or otherwise as it may think fit;

(b) compelling the production of any documents;

(c) pun ishing persons guilty of contempt;

(d) ordering an inspection of any premises; and

(e) entering upon and viewing any premises.,

L-(1) When any prope rty is resumed, a Board in deter-
mining the compensation to be paid and in estimating the value
Qf th . e land resumed and of any buildings thereon, may-

(a) take into consideration the nature and existing condition
of the property, and the probable duration of the buildings in
their existing state, and the state of repair thereof; and

(b.) decline to make any compensation for any addition to
or improvement of the property made after the date of the
publication in the Gazette of the notice of intended resumption
(unless such addition or improvement was necessary for the
maintenance of the property in a proper state. of repair)

Provided that, in the case. of any interest acquired after the
date of ~tich publication, noseparate estimateof the value thereof
shall be made so as to increase the amount. of compensation.

(2) A Board may also receive evidence to. prove

(a) that the rental of the building or premises was enhanced
by reason of the same being used as a brothel, or. as a gaming
house, or forany illegal purpose; or

As amended by Law Rev. Ord., 1937.





(b) that the building or premises are in such a condition as
to be a nuisance within the meaning of any Building Ordinance,
or any Ordinance relating to the public health, or is or are not
in reasonably good repair; or

,(c) that the building. or premises are unfit, and not reason=
ably capable of being made fit, for human habitation.

(3) If the Board is satisfied by such. evidence, then the
compensation-

(a) shall, in the first case, so far as it is based on rental,
be based on the rental which would have been obtainable if the
bit.ilding or premises had not been occupied as a brothel, or as
a gaming house, or for an illegal purpose; and

(b) shall, in the second case, be the amount estimated as
the value of the building ot premises if the nuisance.had been
abated or if they had been put into reasonably good repair, after
deducting the estimated expense of abating the nuisance or
putting them into such repair, as the case may be; and

(c) shall, in the third case, be the value of the land and of
the materials of the buildings thereon.

IIA. In the determination of the compensation to be paid
under this Ordinance-

(i) no allowance shall be made on account of the resumption
being compulsory;

(2) no compensation shall be given in respect of any use
of the land which is not, in accordance with the terms of the
Crown lease under which the land is held;

(3) no compensation shall be given in respect of any
expectancy or probability of the gra ' nt or renewal or continuance,
by the Crown or by any person, of any licence, permission,
lease or permit whatsoever: Provided that this paragraph shall
not apply to any case in which the grant or renewal 'or con-
tinuance of any licence, permission, lease or permit could have
been enforced as of right if the land in question had not been
resumed; and

(4) subject to the provisions of section i i and to the
provisions of paragraphs (2) and (3) of this section, the value

amended by No. 25 of 19W [5.12.301.





of the land resumed shall be, taken to be the amount which the
land if sold in the open market might be expected to realize.

12._(i) Every notice under the hand of the chairman of a
Board may be substituted for and shall be equivalent to any
form of process capable of being issued in any action or suit
for enforcing the attendance of witnesses or compelling the
production of documents.

(2) Any warrant of committal to prison issued for the
purpose of enforcing any such powers as aforesaid shall be under
the hand of the chairman, and. may authorize the imprisonment
(which shall be without hard labour) of the offender for any
term not exceeding three months.

(3) Every notice, order or warrant of any Board may be
served and executed in the same manner as notices, orders and
warrants of the Supreme Court may be served and executed in
civil actions.

13.-(1) If, in the discharge of the duties devolving upon
any l~oar~, there occurs a difference of opinion between the
members, the decision of any two of them shall have the same
force and effect as if all the members had concurred therein.

(2) Any decision arri,,.ed at by the Board shall be final as
regards all parties interested.

(3) No award of compensation made by a Board with
respect to the resumption of any land shall be liable to be set
aside for irregularity or. error in matter of form.

14. During the pendency of any proceedings before. any
Board, if any member of the Board from any cause is or becornes
unable to act, his place,. if he is a judge, shall be filled by
another judge, or, if he is a person appointed.by the Governor,
owner or chairman, by some other person appointed by the
Governor, owner or chairman, As the case may require.

15. Any land resumed under the provisions Of this Ordin-
ance may be demised and granted by the Governor on such terms
and conditions and at such price, whether by way of rent,
premium'or otherwise, and either by public auction or private
contract, as the Governormay determine.

51-1322 1. & 8.
16.-(1) All sums of money awarded as compensationy

(together with interest thereon as hereinafter mentioned), and all costs and
remuneration awarded against the Crown, shall be paid out of the general
revehue.

(2) It shall be lawful for the Director of Public Works, after the making
of an), award under this 'Ordinance, to cause to be inserted in the Gazette a
notification that an award has been made, and such notification shall
appoint a Government officer to pay the compensation awarded, and a' place
at which, and a time within which,such compensation shall be paid..

(3) Any sum of money awarded as compensation shall bear interest at
the rate of eight per cent. per annum from the date of the resumption of the
land until the expiration of the time appointed as aforesaid. Except as
hereinbefore mentioned, no interest shall be payable on any sum awarded as
compensation. No interest shall be payable on any costs or remuneration.

(4) If no claim be made for. the compensation money at the place; and
within the time, appointed, the officer appointed as aforesaid shall cause
such money to be paid into the Treasury.

(5) The money thus paid into. the Treiasury or any part of it may, within
a period of five years from the expiration of the time' referred to in section
(2), be claimed by the person entitled thereto and upon such claim, being
substantiated shall be paid to the person so entitled.

(0) At the expiration of the said period of five years the money or such
part of it as remains unpaid shall he transferred to the general revenue of
the Colony and shall be dealt with in accordance *with the provisions of' the
Unclaimed. Balances Ordinance, 1929

17. When the owner of any land which has been resumed is absent
from the Colony or cannot be found, or within six months from the date
when the amount of compensation shall have been determined makes no
claim to the same, or is in the opinion of the Governor unable to give an
effectual discharge

-As amended by No. 33 of M [20.12.291.





for the same, the Governor may direct payment of the compensation to be
made to such other person on behalf of. the. owner as lie shall think' proper,
subject to any conditions or not, and the receipt of such person shall be a
valid and effectual discharge for the same in the same manner as if payment
had been made to the owner.

18. In any notice to
resume any land, it shall be sufficient to state that the resumption of
such land is required for a public purpose,. without stating the particular
purpose for which the land is required ; and a notice containing
sucli.statement shal1 be conclusive evidence. that the resumption is for a
public purpose.

19. Whenever the buildings or dwellings on any land are of insanitary
construction as regards conditions of light and air, the Governor may,
notithstanding any of the powers of resumption herein contained or prior
to the exercise of any such powers, permit the owner of such buildings or
dwellings to reconstruct or rebuild the same or any part thereof, on such
terms and conditions and subject to such security being given
for the proper carrying out of such reconstruction or rebuilding
as the Governor may think fit.
20. Any Board may make rules for the conduct of proceedings before it.
21. This Ordinance shall not be deemed to prevent the
exercise by His Majesty of any power of resumption contained
in any Crown lease.

No. 11 of 1900, repealed by No. 37 of 1932.

No. 12 of 1900, repealed by No. 19 of 1911.
[Originally No. 32 of 1900. No. 33 of 1929. No. 25 of 1930. No. 27 of 1930. Law Rev. Ord., 1937.] Short title. Interpretation. Resumption of land for public purposes. Notices. Reversion of ownership to Crown. Compensation Board. Power of entry. Barring of action relating to land resumed, and transmission of claims to Board. Consideration of claims. Powers and authorities of Board. Principles of assessment of compensation. [cf. Nos. 15 and 18 of 1935.] Additional rules for determining compensation. 9 & 10 Geo. 5, c. 57, s. 2 (1), (2). Execution of process of Board. Decision of Board to be by majority, and final. Filling of vacancy on Board. Power to demise or grant land resumed. Compensation. Ordinance No. 5 of 1929. Payment of compensation in case of absent owner. Effect as evidence of notice of resumption. Arrangement with owner of buildings or dwellings to reconstruct them. Board to regulate proceedings. Saving of power of resumption under Crown lease. [1.1.33.]

[Originally No. 32 of 1900. No. 33 of 1929. No. 25 of 1930. No. 27 of 1930. Law Rev. Ord., 1937.] Short title. Interpretation. Resumption of land for public purposes. Notices. Reversion of ownership to Crown. Compensation Board. Power of entry. Barring of action relating to land resumed, and transmission of claims to Board. Consideration of claims. Powers and authorities of Board. Principles of assessment of compensation. [cf. Nos. 15 and 18 of 1935.] Additional rules for determining compensation. 9 & 10 Geo. 5, c. 57, s. 2 (1), (2). Execution of process of Board. Decision of Board to be by majority, and final. Filling of vacancy on Board. Power to demise or grant land resumed. Compensation. Ordinance No. 5 of 1929. Payment of compensation in case of absent owner. Effect as evidence of notice of resumption. Arrangement with owner of buildings or dwellings to reconstruct them. Board to regulate proceedings. Saving of power of resumption under Crown lease. [1.1.33.]

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